Montana Return to Office Mandate 2026

What is Montana’s return to office mandate?

Montana does not have a statewide return to office mandate for private sector employers. As of December 30, 2025, neither the Montana Legislature nor the Governor has enacted laws or executive orders requiring private sector employees to return to physical worksites.

The State of Montana does maintain a Telework Policy for executive branch state employees, effective August 1, 2022. This policy allows agency-approved telework for state employees when in the state’s best interest, but does not apply to private sector employers.

Source: Montana State Human Resources Division – Telework Policy
Available at: https://hr.mt.gov/_docs/Policies/Telework_Policy.pdf

Does Montana’s state employee telework policy apply to private employers?

No. The Montana Operations Manual Telework Policy explicitly states its scope:

“This policy covers all employees in Montana’s executive branch except the Montana University System, the Montana State Fund, elected officials, personal staff of elected officials, and any other position specifically excluded under §§2-18-103 and -104, MCA.”

Private sector employers are not covered by this state employee policy. Private employers may establish their own workplace location policies subject to Montana’s employment laws, including the Wrongful Discharge from Employment Act and anti-discrimination statutes.

Source: Montana Operations Manual – Telework Policy, Section II (Scope)
Available at: https://hr.mt.gov/_docs/Policies/Telework_Policy.pdf

Can my employer force me back to the office in Montana?

Montana employers can generally require employees to work from a physical office location. However, Montana’s unique employment framework provides more protections than most states.

Montana is not an at-will employment state. After completing a probationary period (typically 12 months, up to 18 months if specified), Montana employers must have “good cause” to terminate employees.

According to Montana Code Annotated § 39-2-903, “good cause” means “reasonable job-related grounds for dismissal based on a failure to satisfactorily perform job duties, disruption of the employer’s operation, or other legitimate business reason.”

Key considerations:

• Employers can establish in-office work as a job requirement
• Employers must follow their own written personnel policies
• Termination for refusing to return to office must meet “good cause” standard
• Employees with disabilities may request remote work as reasonable accommodation
• Employers cannot retaliate for requesting accommodation

For specific advice on your situation, consult a licensed Montana employment attorney.

Source: Montana Code Annotated § 39-2-903
Available at: https://leg.mt.gov/bills/mca/title_0390/chapter_0020/part_0090/section_0030/0390-0020-0090-0030.html

What are my accommodation rights under Montana law?

Montana law prohibits employment discrimination based on physical or mental disability and requires reasonable accommodation.

According to the Montana Human Rights Bureau:

“The Montana Human Rights Act and the Americans with Disabilities Act Amendments Act (ADAAA) prohibit discrimination in employment to an applicant or employee because of a physical or mental disability.”

Key rights:

• Montana law covers employers with 1 or more employees (broader than federal ADA’s 15+ requirement)
• Employers must provide reasonable accommodation unless it causes undue hardship
• Reasonable accommodations may include modified work schedules, job restructuring, equipment modifications, or telework/remote work
• Employers must engage in interactive process to identify effective accommodations
• Retaliation for requesting accommodation is prohibited

How to request accommodation:

1. Notify your employer that you need an adjustment due to a medical condition
2. Provide sufficient information about your disability and limitations (medical documentation may be required)
3. Engage in interactive dialogue to identify possible accommodations
4. If denied, request written explanation

Contact for questions:
Montana Human Rights Bureau: (406) 444-2884 or 1-800-542-0807

Source: Montana Human Rights Bureau – Worker Resources
Available at: https://erd.dli.mt.gov/workers

How do I file a discrimination complaint in Montana?

To file an employment discrimination complaint in Montana:

Deadline: 180 days from when the discriminatory act occurred or was discovered

Filing options:

1. Contact Montana Human Rights Bureau for intake appointment:
   
   • Phone: (406) 444-2884 or 1-800-542-0807
   • Hours: Monday-Friday, 9:00 a.m. – 4:00 p.m.
   • Note: Appointments may be scheduled weeks out
2. File self-drafted complaint:
   
   • Include: Your contact info, employer contact info, statement of discrimination based on protected class, facts with dates
   • Submit by: Fax (406-443-3234), Mail (P.O. Box 1728, Helena MT 59624), or In-person (33 S. Last Chance Gulch, Helena)
   • Do not email (not accepted)
3. File with EEOC:
   
   • Public Portal: https://publicportal.eeoc.gov/
   • Phone: 1-800-669-4000
   • Due to worksharing agreement, filing with Montana Human Rights Bureau typically covers EEOC filing

What to expect:

• No filing fee
• Bureau investigates within 180 days
• Finding of “cause” or “no cause”
• If cause found, attempt conciliation
• If no settlement, administrative hearing
• Can appeal to Montana Human Rights Commission

Source: Montana Human Rights Bureau – Filing a Complaint
Available at: https://erd.dli.mt.gov/human-rights/filing-a-complaint/

Can I request remote work as a reasonable accommodation?

Yes. Under both Montana law and federal ADA, employees with disabilities may request telework/remote work as a reasonable accommodation.

According to EEOC guidance applicable in Montana:

“An employer may be required to provide telework as a reasonable accommodation, even if it does not permit or offer telework to other employees.”

Requirements:

• You must have a disability as defined by Montana Human Rights Act or ADA
• Remote work must enable you to perform essential job functions
• Employer can only deny if it causes undue hardship or in-person presence is essential

Process:

1. Notify your employer you need remote work as accommodation for medical condition
2. Provide medical documentation if requested
3. Employer must engage in interactive process
4. Employer must consider accommodation unless undue hardship

If denied:

• Request written explanation
• File complaint with Montana Human Rights Bureau within 180 days
• Consult employment attorney for specific advice

Important: The employer’s return to office policy for other employees does not automatically justify denying accommodation. Each request must be individually assessed.

Source: EEOC – Work at Home/Telework as a Reasonable Accommodation
Available at: https://www.eeoc.gov/laws/guidance/work-hometelework-reasonable-accommodation

What is the Montana Human Rights Act?

The Montana Human Rights Act is the state law prohibiting discrimination in employment, housing, and public accommodations.

According to Montana Code Annotated § 49-2-303:

“An employer may not discriminate with respect to hiring, promotion, or terms, conditions, or privileges of employment or employer-provided training opportunities on the basis of race, color, religion, creed, political ideas, sex, age, marital status, national origin, physical or mental disability, or genetic testing results except as provided in 49-2-310.”

Protected classes under Montana law:

• Race
• Color
• Religion
• Creed
• Political ideas (government employment)
• Sex (including pregnancy, gender identity, sexual orientation)
• Age (all ages, not just 40+)
• Marital status
• National origin
• Physical or mental disability
• Genetic testing results

Coverage: Employers with 1 or more employees (broader than federal laws)

Enforcement: Montana Human Rights Bureau investigates complaints; Montana Human Rights Commission hears appeals

Remedies: Compensation for losses, employment reinstatement, policy changes, other affirmative relief

Source: Montana Code Annotated Title 49, Chapter 2
Available at: https://leg.mt.gov/bills/mca/title_0490/chapter_0020/sections_index.html

Where do I file an EEOC complaint in Montana?

Montana falls under the EEOC Phoenix District Office jurisdiction.

Filing options:

1. File with Montana Human Rights Bureau (recommended):
   Due to worksharing agreement, filing with state agency covers EEOC filing
   Phone: (406) 444-2884 or 1-800-542-0807
2. File directly with EEOC: EEOC Public Portal: https://publicportal.eeoc.gov/
   (Schedule appointments, submit inquiries, file charges online) By phone: 1-800-669-4000 Phoenix District Office:
   3300 North Central Avenue, Suite 690
   Phoenix, AZ 85012-2504

Deadline:

• 300 days for states with FEPA agreements (Montana qualifies)
• 180 days for direct federal charges

What EEOC covers:

• Race, color, religion, sex, national origin (Title VII)
• Age 40+ (ADEA)
• Disability (ADA)
• Genetic information (GINA)
• Equal pay (EPA)

Note: Montana law covers additional protected classes (marital status, all ages, political ideas) not covered by federal law.

Source: EEOC Phoenix District Office
Available at: https://www.eeoc.gov/field-office/phoenix/location

What is the Wrongful Discharge from Employment Act?

The Montana Wrongful Discharge from Employment Act (WDEA) is the state law that replaced at-will employment for most Montana workers.

According to Montana Code Annotated § 39-2-904:

“A discharge is wrongful only if: (a) it was in retaliation for the employee’s refusal to violate public policy or for reporting a violation of public policy; (b) the discharge was not for good cause and the employee had completed the employer’s probationary period of employment; (c) the employer materially violated an express provision of its own written personnel policy prior to the discharge; or (d) the employer terminated the employee solely based on the employee’s legal expression of free speech.”

Key features:

• Enacted: 1987, amended 2021
• Probationary period: Default 12 months; up to 18 months if specified by employer
• During probation: Employment is at-will (can be terminated for any reason)
• After probation: Employer must have “good cause” to terminate
• Good cause: Reasonable job-related grounds for dismissal
• Remedies: Up to 4 years lost wages and benefits, plus interest
• Exclusive remedy: Replaces common law wrongful termination claims

Montana is unique: Only state in U.S. with this employment protection framework

How it affects RTO: Employers implementing return to office policies must ensure terminations for non-compliance meet “good cause” standard and follow written policies

Source: Montana Code Annotated Title 39, Chapter 2, Part 9
Available at: https://leg.mt.gov/bills/mca/title_0390/chapter_0020/part_0090/sections_index.html

What is the difference between state employee and private sector RTO requirements in Montana?

State Employees (Executive Branch):

Montana maintains a Telework Policy for executive branch state employees:

• Governed by Montana Operations Manual Telework Policy (effective August 1, 2022)
• Telework is voluntary and at agency discretion
• Requires designated alternative worksite within Montana (out-of-state requires OBPP approval)
• Requires written telework agreement
• Subject to agency business needs and supervisor approval
• Can be terminated by either employee or agency with 5 days notice
• Some employees covered by collective bargaining agreements with specific telework provisions

Private Sector Employees:

• No state-mandated RTO requirements or telework rights
• Employers set own workplace location policies
• Subject to Montana Wrongful Discharge from Employment Act (good cause required after probation)
• Must provide reasonable accommodation for disabilities (may include remote work)
• Employers must follow their own written personnel policies
• Cannot discriminate based on protected classes

Common Requirements (Both):

• Anti-discrimination protections under Montana Human Rights Act
• Reasonable accommodation for disabilities
• Cannot retaliate for protected activities
• Workers’ compensation coverage for work-related injuries

Source: Montana Operations Manual – Telework Policy; Montana Code Annotated
Available at: https://hr.mt.gov/_docs/Policies/Telework_Policy.pdf

How does “good cause” affect return to office policies in Montana?

Montana’s “good cause” requirement means employers must have legitimate, job-related reasons to terminate employees after their probationary period.

According to Montana Code Annotated § 39-2-903:

“Good cause” means “reasonable job-related grounds for dismissal based on a failure to satisfactorily perform job duties, disruption of the employer’s operation, or other legitimate business reason.”

Application to RTO policies:

Employers can:

• Establish in-office work as a job requirement
• Implement return to office policies
• Require employee compliance with workplace location policies
• Terminate for refusal to comply if it constitutes “good cause”

Employers must:

• Have legitimate business reasons for RTO policy
• Follow their own written personnel policies
• Document job-related reasons for any termination
• Provide written notice of “good cause” to terminated employees
• Engage in good faith with reasonable accommodation requests

Potential “good cause” for RTO-related termination:

• Failure to perform essential job functions requiring in-person presence
• Disruption to business operations
• Violation of established workplace policies
• Inability to collaborate effectively for position requirements

Not likely “good cause”:

• Arbitrary or inconsistent enforcement
• Discrimination based on protected class
• Retaliation for requesting accommodation
• Violation of employer’s own written policies

Recommendation: Employers should document business necessity for RTO policies and apply them consistently. Employees should understand their rights under WDEA and seek legal counsel if concerned about termination.

Source: Montana Code Annotated § 39-2-903
Available at: https://leg.mt.gov/bills/mca/title_0390/chapter_0020/part_0090/section_0030/0390-0020-0090-0030.html

What is Montana’s probationary period for employment?

Montana Code Annotated § 39-2-910 establishes probationary period requirements.

Default probationary period: 12 months from initial date of employment or date of promotion/transfer

Extended probationary period: Employers may establish probationary period up to 18 months (must be specified)

During probationary period:

• Employment is at-will
• Either employer or employee may terminate for any reason or no reason
• Montana Wrongful Discharge from Employment Act does not apply
• Federal and state anti-discrimination laws still apply
• Retaliation protections still apply

After probationary period:

• “Good cause” required for termination
• Employer must follow written personnel policies
• Full protection under Wrongful Discharge from Employment Act
• Remedies available for wrongful termination

2021 amendments: Prior to 2021, default probationary period was 6 months. House Bill 254 extended it to 12 months with option for 18 months.

Managerial/supervisory employees: According to § 39-2-904(3): “The employer has the broadest discretion when making a decision to discharge any managerial or supervisory employee.”

Important: Employers should specify probationary period duration in writing at time of hire.

Source: Montana Code Annotated § 39-2-910
Available at: https://leg.mt.gov/bills/mca/title_0390/chapter_0020/part_0090/section_0100/0390-0020-0090-0100.html
Last amended: 2021

Can my employer change my work location to require office presence?

Generally, yes. Montana employers have discretion to establish workplace location requirements and change work arrangements, subject to legal limitations.

Employer’s authority:

• Employers can determine where work must be performed
• Employers can change remote work arrangements to in-office requirements
• Employers can make in-office presence a job requirement

Legal limitations:

1. Written personnel policies:
If your employer has written policies regarding remote work or work location changes, the employer must follow those policies. Montana Code Annotated § 39-2-904(c) makes it wrongful discharge if “the employer materially violated an express provision of its own written personnel policy.”

2. Good cause requirement:
After probationary period, termination for refusing new work location must meet “good cause” standard.

3. Reasonable accommodation:
If you have a disability, you may request remote work as reasonable accommodation. Employer must engage in interactive process.

4. Anti-discrimination:
Change in work location cannot be based on protected class status.

5. Retaliation prohibition:
Employer cannot change work location in retaliation for protected activities (filing complaints, requesting accommodation).

Practical considerations:

• Review your employment contract and employee handbook
• Document any written policies about remote work
• If you have a disability, request accommodation before termination
• If terminated, consult employment attorney about “good cause” and policy violations

Source: Montana Code Annotated Title 39, Chapter 2, Part 9
Available at: https://leg.mt.gov/bills/mca/title_0390/chapter_0020/part_0090/sections_index.html